Yes. In North Carolina, the injured person can recover lost wages and lost earning capacity from the at-fault driver (and, if needed, through uninsured/underinsured motorist coverage) if the crash caused the missed work and the loss is proven with reasonable certainty. The non-injured spouse generally does not recover the injured spouse’s lost pay in their own name, but may have a separate loss-of-consortium claim. You will need medical documentation and employer wage proof.
You want to know if, in North Carolina, you can recover your spouse’s lost wages when they can’t work after a crash. Here, your spouse was rear-ended by a drunk driver. The core issue is whether the law lets the injured person recover income they are missing now and possibly in the future because of crash-related injuries.
Under North Carolina law, lost wages are part of the injured person’s compensatory damages in a personal injury claim. To recover them, you must show another party is legally responsible (negligence or intentional harm), the injuries caused time off work, and the amount of lost income is reasonably certain. Claims are typically pursued with the at-fault driver’s liability insurer and, if coverage is lacking, through your own uninsured/underinsured motorist coverage. Lawsuits are filed in the county’s District Court or Superior Court depending on the amount in dispute. Most personal injury claims must be filed within three years, but specific deadlines can vary by claim type.
Apply the Rule to the Facts: A rear-end crash by a drunk driver supports liability. Your spouse’s back injury can justify wage loss if a clinician documents work restrictions; without treatment records, the insurer will likely dispute causation and amount. If the at-fault limits are inadequate or the insurer stays unresponsive, UM/UIM on your auto policy can be a backstop for wage loss. The non-injured spouse cannot claim the injured spouse’s paycheck directly, but may pursue loss of consortium separately.
In North Carolina, the injured spouse can recover lost wages if you prove fault, connect the missed work to crash injuries with medical documentation, and show the amount with reasonable certainty. Start by presenting a documented wage-loss claim to the at-fault insurer, and use UM/UIM if needed. If the insurer stalls, file a Complaint and Summons with the Clerk of Superior Court before the three-year deadline.
If you’re dealing with wage loss after a crash and an unresponsive insurer, our firm has attorneys who can help you document the claim, navigate coverage, and protect deadlines. Reach out today.
Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.